Browsing by Author "Verdugo Silva, Julio Teodoro"

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La acción extraordinaria de protección en el Ecuador. ¿relativización de la cosa juzgada?
(2017) Urgilés Verdugo, Verónica Cristina; Verdugo Silva, Julio Teodoro
The present graduation study analyzes the acción extraordinaria de protección, incorporated into the Ecuadorian legal system in 2008. And the consequence that this regulation generates in the institution of res judicata. The acción extraordinaria de protección consents the review of judgments, or decisions that are protected by res judicata. While the res judicata prevents the indefinite revision of the decision in sentence. This is why the subject is addressed in three chapters, the first one, devoted to the analysis of the acción extraordinaria de protección and its regulation, raising the problem extensively. The second chapter analyzes the institution of res judicata and its approach in doctrine. And finally the conclusion is developed in the third chapter, where a study of a practical case that support the general analysis of the subject is made.
Análisis de la efectividad de las medidas de seguridad pública en la prevención del delito en la parroquia El Sagrario desde enero hasta agosto 2016
(2016) Bacuilima Chuqui, María Fernanda; Verdugo Silva, Julio Teodoro
The multi-causality and plurality of violence makes it necessary to understand the specific social problems that are generated in each sector with the objective of generating public policies based on the perception and needs of citizens. The greatest problem of insecurity in the city of Cuenca is the robbery and theft of people, the place of greatest incidence is the parish of El Sagrario, which demonstrated the need to determine the motivators that generate the problem in the parish and the evaluation by part of the citizenry to the two most emblematic citizen security strategies in the prevention and control of crime.
Análisis de la revocatoria del mandato de alcaldes: diseño institucional y resultados de su aplicación durante el periodo 2012-2022
(Universidad de Cuenca, 2023-05-18) Galindo Pacheco, Karina Paola; Verdugo Silva, Julio Teodoro
The present work is an investigation directed to study the recall of mayors in Ecuador, by analyzing if the way that it is structured, actually presents some danger for the development of the representative system as we know it. To resolve this question, it is important to begin with unraveling the concept and nature of recall, by going through the evolution of the legal system; additionally, the direct relationship between democracy is studied, and an analysis comparing the behavior of the institution in the local governments of other South American countries is conducted. It concludes with a statistical investigation on various recall processes that the “Consejo Nacional Electoral” has developed, and solutions are proposed on the shortcomings that the figure currently has.
Análisis de los delitos denunciados en la ciudad de Cuenca durante el período enero a diciembre del año 2015 como elementos que incrementan la inseguridad ciudadana
(2017) Bernal Estrada, Vivianna Alexandra; Verdugo Silva, Julio Teodoro
This document constitutes a contribution to discern the dynamics of the commission of the crime in the canton Cuenca, during the period January to December of the year 2015, based on the complaints that are received in the Council of the Judiciary of the Azuay and Provincial Prosecutor of the Azuay; And, which in turn are compiled in the Center for Strategic Studies of the Citizen Security Council. To try to discern the causality of the criminal indices evidenced in this analysis, it was necessary to start from a quantitative diagnosis that reflects the reality of the denounced facts; from this, the analysis of each component identifies the phenomena that cause violence in its multiple manifestations. In a compendium of structural and behavioral elements, the urban phenomenon of violence is no more than a social manifestation of an existing conflict, which compromises human interactions from social needs and from the shortcomings of intervention strategies and policies citizen security.
Análisis de los requisitos de admisibilidad de la acción extraordinaria de protección en la Constitución Ecuatoriana de 2008
(2010) Gavilanes Encalada, Fabián; Verdugo Silva, Julio Teodoro
Aplicación y trascendencia del habeas corpus, para el traslado de personas privadas de libertad en Ecuador
(Universidad de Cuenca, 2023-08-22) Arias Simbaña, María Paz; Verdugo Silva, Julio Teodoro
During the year 2021 and 2022, the prison crisis in Ecuador has worsened in such a way that the strongest and most alarming scenarios of violence that the country has experienced have taken place, which has resulted in a high number of deaths and violations of the human rights of persons deprived of liberty. However, jurisdictional guarantees have been seen as a mechanism to protect the rights of persons deprived of liberty and to obtain their transfer, this is the habeas corpus action, which, thanks to the 2008 Constitution, extended the rights protected by this action to the right to liberty, right to life and personal integrity and related rights. In this sense, this paper will make an analysis that will go from the general to the specific, which will include a theoretical-doctrinal, normative and jurisprudential study of habeas corpus and will focus on its corrective modality. With this, it will be possible to determine whether the habeas corpus action constitutes an effective mechanism for the transfer of persons deprived of liberty and consequently for the protection of their rights.
La defensoría del pueblo según la Constitución ecuatoriana 2008
(2010) Ordóñez Santacruz, Pedro Bolívar; Verdugo Silva, Julio Teodoro
Democracia y totalitarismo como formas de gobierno en lo social en Ecuador
(2010) Vélez Ochoa, Rómulo Francisco; Verdugo Silva, Julio Teodoro
Derecho a la resistencia VS Delito de paralización de servicios públicos. Caso Morona Santiago
(2019-09-27) Orellana Roldán, Tarquino José; Verdugo Silva, Julio Teodoro
The following investigation work contains a study about the normative that regulates the Resistance Right Vs the Paralyzation of Public Services that results in a felony that is typified in the article 346 of the Integral Organic Criminal Code. For this, first we are going to do a historical and theoretical analysis of the Resistance Right in Ecuador. From its background until it became expressly recognized in the Montecristi Constitution. Then we will analyze the Paralyzed Public Services felony in the spotlight of the guarantied principles recognized in the Constitution for the purposes of verify its substantial validity and the possible conflicts with the constitutional Right of Resistance. In a third chapter we are going to analyze the dynamics of the Resistance Right on a day by day basis in Criminal Institutions. Thereby, first we will do a series of interviews with a group of Criminal Judges and Prosecutors in Cuenca about their opinion facing this Right and its incidence in the Criminal domain. Then analyze an actual case that pertains to and resulted in, the criminal prosecution directly due to a Paralyzed Public Services felony and finally present conclusions that satisfy the present investigation.
El derecho a la salud sexual y salud reproductiva, sus limitantes en la legislación ecuatoriana
(2018) Tejada Tenorio, Karla Sofía; Verdugo Silva, Julio Teodoro
The present work seeks to establish the existence or nonexistence of the limits of exercise of sexual health and reproductive health rights which are recognized and ratified in Ecuador according to the international rights treaties, arrangements and agreements, the analysis of the penal regulations and decrees that normalize the execution of sexual and reproductive right in Ecuador, the comparison of international regulation from Spain and Uruguay, which regulates the sexual and reproductive Rights practice and through a quantitative Study based on survey conducted on first-year students from Universidad de Cuenca School of law, and interviews conducted with the researchers from GEAS Project in Cuenca.
Derecho procesal laboral y COGEP: ¿regresividad de los derechos laborales?
(Universidad de Cuenca, 2020-10-21) Verhagen Cabrera, Jessica Adriana; Verdugo Silva, Julio Teodoro
The current research study explains the principles of the labor procedural system and its normative autonomy regarding the civil process. Additionally, the protective duty of the state is analyzed and the importance of an adjective guarantee regulation that effectively protects labor rights in accordance with constitutional guarantees and international treaties through a review of theoretical and legal sources. Moreover, it analyzes the right to equality of arms as a mechanism to balance inequality between the parties. This study determines that the Ecuadorian legal system does not correctly protect the mechanisms of effective judicial protection in labor law. The legal impact of the promulgation of the General Organic Code of Processes and its application in labor matters is analyzed by transferring provisions of civil procedures to the labor scope resulting in the inapplicability and ineffectiveness of said regulations in labor disputes. In addition, in order to achieve this study objectives, the qualitative methodology was used, analyzing the access to the means of proof by the worker and the burden of proof in the worker- employer relations. Concluding with a comparison from the international law perspective regarding the evidentiary load from which arises the workers' rights armored protection and guardianship.
Los derechos fundamentales versus los derechos patrimoniales según la Constitución ecuatoriana del 2008: un abordaje doctrinario y jurisprudencial
(2016) Espinoza Méndez, Elio Jordano; Verdugo Silva, Julio Teodoro
This monograph aims to establish the traits that distinguish the differences between fundamental rights and property or legal rights, taking the protective action as a reference, because its activation strongly express the need to locate and determine with certainty the constitutionality or legality of a right that can be detached from a specific case. The treatment of this legal phenomenon is approached from a dual perspective. The first one focuses on the gradual analysis of legal and doctrinal tools that provide objective parameters, such as rules and principles, and exegetical methods to approach the specific study of the concept of fundamental right, from the perspective of the "universal and non-opposable”, inalienable, inviolable, imprescriptible, predisposed by rules, vertical, intransigible and very personal character of this right. The second one, brings together several pieces of jurisprudence and constitutional precedents to illustrate through concrete cases, which kind of cases can’t be a matter that should be resolved through protective action; such are the cases of nonconformity of amounts to pay; quantification of compensation, compliance with contractual provisions, contradictions between norms of legal status. Ultimately, this work starts from the theory of law, which is the basis for arriving to the examination of a case, because this ensures that the hypothesis of the problem is demonstrated and understood.
Eficacia del Hábeas Corpus en caso de personas adictas privadas de su libertad en la ciudad de Cuenca, a partir del año 2008
(2015) Rosales Ordóñez, Paola Marcela; Verdugo Silva, Julio Teodoro
Undoubtedly the biggest conquest of the man is the guarantee of its freedom, for which I think that as well as the freedom has been gaining area in the society, the constitutional and legal rights must have enough force to assure the effective tutelage of this right, for which it would be insane to think that the consecration and recognition of the freedom, he might insure himself without one being provided with the instruments and actions necessary for its complete fulfillment and respect, one of the effective measurements tending to the protection of the freedom of the human is the institution of the Habeas Corpus. To the being a constitutional action which target is the protection of the right of the freedom, I think that it is the ideal mechanism for the recovery of the same one, when this one has been deprived in an illegal, arbitrary and illegitimate way, be already on the part of public authorities or for any person, not only in the so called jails but also in the Clinics or Centers of Rehabilitation that take the addictions dealing as an object to psychotropic substances, taking into consideration all these aspects that involve the Habeas corpus, I will establish the procedure, the beginning that must apply and make a detour to this most important constitutional action, in order to be able to deepen its study and grant him the importance that is deserved and especially to answer us to the question that was a motive of the development of the present monograph: is the Habeas corpus effective to recover the freedom in Centers of Rehabilitation ofAddictionsin our City of Cuenca?
El control constitucional de las omisiones legislativas en el Ecuador
(Universidad de Cuenca, 2021-11-27) Velecela Chumbi, Patricia Katherine; Verdugo Silva, Julio Teodoro
In Ecuador, 2008, with the Constitution's promulgation, there is not only a constitutional control recognized in a positive sense (action). On the contrary, it has a new approach incorporated that mentions the constitutional authority of normative omissions, whose insertion is innovative in our legislation with legal significance and great social interest. However, it is essential to say that is has few studies in the Ecuadorian field regarding its regime. Therefore, the present investigation aims to analyze the legal2 nature of the constitutional control of legislative omissions in Ecuador. So, the qualitative method uses the traditional and doctrinal framework of this institution. In conclusion, I can remark that the constitutional control of legislative omissions is a legitimate mechanism of direct defense of the Constitution, which has certain assumptions for its identification. Its effects will depend on if it is facing an absolute or partial legislative omission. However, this figure categorizes in the investigation of the abstract control of constitutionality, and it keeps its peculiarities concerning the last one
El derecho y la garantía constitucional de resistencia: su alcance y límites en la normativa ecuatoriana
(Universidad de Cuenca, 2022-05-30) Arce Culquicondor, Sandra Lorena; Verdugo Silva, Julio Teodoro
The present investigation addresses de study of resistance in law and its guarantee in order to find the legitimacy in the rights of the constitutional state of Ecuador, which is confronted with the punitive power of the state and the regulations that it maintains against the right of resistance. At the end of the study, a concrete case will be studied, verifying if the state guarantees this right and if there are any existing limits and parameters for its applications. It parts from a historic review of this concept, where it prevails fundamental facts that have marked the answer of the societies against the abuse of power and the no obedience of the preset rules, in which it configurates a constant factual and legal confrontation around which are based a series of philosophical and legal positions about the concept and significance of resistance. Although there are some coincidences on the approaches that sustain that this is a supranormative natural right, that has originated in the natural law and it’s justified by contractually theories; there are some estrangements from the main forms this right adopts to guarantee the common benefit at a given moment in society. This is how we find ourselves with the first conflict: to justify that resistance is effective to obtain the expected results from the people that use this right. If violent or no violent resistance is justified, more than anything to identify the different conceptualizations that this right has acquired like civil disobedience, social protest, revolution and other concepts that have permitted identify it and differentiate it from others. Afterwards, there will be an analysis about the normative that currently supports this right in Ecuador and the normative that sanctions it. Until the end of the analysis of the specific case that allows to show if this right fulfills its main function withing the Country, if it lowers the desirable and permitted parameters or if it falls into excesses of both its plaintiffs and the current government
El impacto de las tecnologías de la información y comunicación en la jornada de trabajo en el Ecuador
(Universidad de Cuenca, 2020-03-06) Mariela Alexandra, Ochoa Gavilánez; Verdugo Silva, Julio Teodoro
The following investigation analyzes the importance of rest after the day of work throughout the history of the labor system and production. Today this right is intimately linked to the technological era, with the incorporation of the Information and Communication technologies and digital instruments and tools the same ones that do not allow a disconnection of the worker with his employment. Within this analysis we will verify the existence or not of a violation of several rights such as the right for privacy, and family life, leisure, among others, in addition to international legislation that has regulated the issue of disconnection of labor because it is a human right. Finally, through research methods such as surveys and interviews, we will find out if a reform to our work code is necessary on the inviolability of time and work rest space outside the ordinary working day.
El precedente según sentencias de la Corte Constitucional Ecuatoriana: 2008- 2022
(Universidad de Cuenca, 2023-06-05) Coello Pinos, Pedro Esteban; Verdugo Silva, Julio Teodoro
Jurisprudence has played an important role in the production of law in English legal systems, where the doctrine of precedent was born. However, it had only play an auxiliary role in civil law systems. This scenario has changed with the with the constitutionalism adveniment to these systems, where the role of the constitutional judge as guarantor of rights, becomes more active, and using the interpretation of the constitution, they become in conscious law creators through their jurisprudence. Thereby, the figure of constitutional precedent was incorporated into our country's Constitution in 2008, generating the coexisting of two different ideas or theories of precedent in Ecuador. On the one hand, we have the triple reiteration ruling of the National Court of Justice, which is characteristic of civil law and has its antecedent in French cassation. On the other hand, we have the constitutional precedent of the Constitutional Court, which is more similar to common law’s precedent. The main objective of the present work is to analyze how the Constitutional Court of Ecuador has conceptualized the constitutional precedent through its jurisprudence. For this reason, we will review the Constitutional Court's sentences since 2008, focusing on how binding jurisprudence has been established, the rule of precedent, its composition, the classification of precedent, and the precedent application techniques that the Court has considered.
Estudio Crítico de los delitos de Desobediencia, Ataque o Resistencia y Rebelión previstos en el COIP frente al Derecho de Resistencia
(2019-09-11) Correa Alvarado, Miguel Enrique; Verdugo Silva, Julio Teodoro
The right of resistance and its incorporation into article 98 of the Ecuadorian constitution of 2008, has raised controversy and many questions given the ambiguous and excessive nature in which it appears conceived. Its acceptance as an individual and collective right, that has state protection, would imply the existence of a normative or jurisprudential development that defines it, in terms of its real and effective scope. However, there is a gap in terms of the instruments that allow us to unravel its meaning and its typology. This work analyzes constant tensions that political power and its modern expressions, such as ideological and economic power, generate in constitutional democracies; in which, majority rule enters into crisis when there are dissenting voices that question it. When institutional channels fail, social protest arises in different ways, like violent track closure or peaceful resistance. Power reacts with zero-tolerance policies, and with norms that criminalize social protest. This study contains a critical analysis of some crimes, such as attack or resistance, rebellion, and sabotage, which, in reality, nullify the right to resist. The use of criminal law of the enemy, certainly present in Ecuadorian criminal code, which integrates sections of the author criminal law and the call of “Third Speed”, questions several principles of the Guarantee that Ferrajoli defends. The above is reflected in the "Saraguro Case" which confirms the chimera of the right of resistance, closer to the utopia of a generous constituent, although disarmed before the politically correct. Finally, judicial activism present in the final judgment opens a new horizon for this right.
Factores de riesgo que inciden en la recurrencia de la violencia en niños, niñas y adolescentes en Cuenca, en Ecuador. Período 2009 - 2016
(2021) Verdugo Silva, Julio Teodoro
In Latin America, the most unequal region in the world, there are too many children and adolescents who suffer violence in their protective environments, that is, in their families, classrooms, community spaces or others. Despite the existing legal and institutional framework, violence against children and adolescents is deepening. The objective of the research is to identify the risk factors that influence the recurrence ofviolence against children and adolescents in Cuenca, Ecuador in the period 2009-2016. For this, a documentary investigation is applied through a systematic process of recovering the file of the Cantonal Board for the Protection of Rights of the Cuenca canton, in Ecuador, which contains 9441 complaints of violence against the population under investigation. The results show that 40% of complaints correspond to cases of recurrent violence, that is, children and adolescents, whose aggression was reported, suffered it again, two or more times; and, in more than 50% of cases, the main aggressors were their parents; On the other hand, socio-economic risk factors are identified in family, educational and community settings, which influence the recurrence of violence. The most relevant findings from the local level constitute an input to rethink national public policy; and on the other, a contribution from interdisciplinarity.
Heterogeneidad en el derecho de acceder a la justicia respecto al perfil sociodemográfico de los titulares de este derecho en el cantón Cuenca
(Universidad de Cuenca, 2021-03-29) Amaya Sigüenza, Nicolás Leandro; Verdugo Silva, Julio Teodoro
The right of access to justice is emerging as one of the most important fundamental rights because it is indispensable for the real realization of any right. In this paper, access to justice is studied from a legal-theoretical and empirical perspective by revealing how the exercise of this right may be conditioned by different circumstances such as the sociodemographic profile, as well as by the perception of trust and effectiveness in the justice system. The main results indicate that in Cuenca city is a direct incidence of the level of education, income level, gender and area of residence on the exercise of the right of access to justice, the difficulty of using alternative dispute resolution mechanisms due to a marked litigation culture, and a negative perception of the administration of justice. The consolidation of the judicial system, legal literacy, greater dissemination and strengthening of free legal services, among others, are proposed as alternatives